Inside job for New York's hydrofracking health study

Hydrofracking issues go to the state Department of Health, drawing criticism

By Casey Seiler and Rick Karlin

Updated 3:22 pm, Friday, September 21, 2012

ALBANY — The commissioner of the state Department of Environmental Conservation has rejected calls by environmentalists to hand off the review of DEC's assessment of the health impacts of hydrofracking to an outside group.

Instead, DEC's work on the controversial natural gas drilling technique will be reviewed in-house by the state Department of Health.

"I have asked and NYS Health Commissioner Nirav Shah has agreed to assess the department's health impact analysis," DEC chief Joe Martens said in a statement Thursday. "I have also asked Dr. Shah to identify the most qualified outside experts to advise him in his review. While the review will be informed by outside perspectives on the science of hydrofracking, the decision-making will remain a governmental responsibility."

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The health impact analysis is likely to be one of the most closely read parts of the DEC's final environmental impact statement, which is expected to provide a blueprint for the state's implementation of hydrofracking. Media reports over the summer revealed the administration was contemplating allowing fracking in a limited number of towns where a majority of residents and/or local leaders welcomed it, with possible expansion to other regions in future years.

Gov. Andrew Cuomo's spokesman Josh Vlasto said the administration had been informed of Martens' decision and supported it.

Environmentalists directed most of their criticism at Cuomo. "We are disappointed that Gov. Cuomo has rejected requests for an independent assessment on the public health impacts of fracking, ignoring the state's health professionals," said Katherine Nadeau, water and natural resources program director for Environmental Advocates of New York.

" ... It would be reckless for the administration to finalize and release the governor's plans for fracking before his DEC's internal health study is reviewed and vetted by the public. There are too many unanswered questions," she added.

Among those questions: Will there be a baseline assessment of a given community's health before drilling begins, in order to offer a comparison after the process has been implemented?

New Yorkers Against Fracking noted that more than 250 health professionals wrote to the governor in 2011, saying they had lost faith in DOH's ability to identify the health risks posed by hydrofracking.

"With the health of millions of New Yorkers at risk, Gov. Cuomo must demand a rigorous, comprehensive Health Impact Assessment by an independent team of public health experts. That's what New York's universities and medical institutions are there to provide," the group said in a statement.

Hydraulic fracturing, which uses large volumes of water mixed with chemicals and sand to break open gas-bearing shale, is employed in energy states, including Pennsylvania, Wyoming and Texas. The Marcellus Shale, which stretches into New York's Southern Tier, is thought to be one of the planet's richest gas-bearing formations. Environmental groups oppose the process on a number of grounds, ranging from potential threats to drinking water to wear on roads. Martens noted his action is intended as good policy and an attempt to make the DEC's final plan as lawsuit-proof as possible. The agency expects fracking opponents will attempt to block acceptance of its blueprint when it's released.

"The review will also ensure the strongest possible legal position for the department given the near certainty of litigation, whether the Department permits hydrofracking or not," Martens said.

Martens said deferring to an outside group to review its work would be "an inappropriate delegation of a governmental responsibility. Government is the public's independent reviewer: that is the essence of the current process. To suggest private interests or academic experts bring more independence to the process than government is exactly wrong. Many experts in this field have an opinion — pro or con — which could influence the process. Nor could one ever be sure that there weren't potential conflicts of interest with outside consultants if they were to actually direct the outcome."

Martens' decision is likely to delay the release of DEC's final determination on hydrofracking, which once had been expected in August. A DOH review of a key portion of the plan makes it unlikely the process will be complete before the November elections. "Obviously if there was a public health concern (turned up by DOH's evaluation) that could not be addressed we would not proceed," Martens said.

Brad Gill of the Independent Oil & Gas Association, the most active industry group supporting fracking, said it "supports the commissioner's position that regulating mineral resource development is the role of the (DEC). Environmental regulations properly enforced, and adhered to, protect human health, as well as all natural resources."